Degnan v. Degnan

McEVERS, Justice,

concurring, specially. .

[¶ 23] I agree with the majority and with Justice Kapsner’s separate that the district court identified sufficient factors to support its decision on property division, spousal support, and attorney fees. I also tend to agree that the district court should not have placed much, if any, emphasis on Barbara Degnan’s motive in marrying Lowell Degnan. when deciding this case, because it does not appear the motive was material. The complaint alleges that during the course of the marriage irreconcilable differences arose. The complaint does not allege fault as a basis for seeking the divorce or .that Barbara Degnan’s motive prior to the marriage was the basis of the irreconcilable differences. Under the facts of this case, I am unable to see how conduct before the marriage, other than the property and. debt each brought into the marriage, is relevant to the division of property or the award of spousal support.

[¶ 24] However, this was a short-term marriage, and it is not error to award'the parties what they brought into the marriage or to deny or limit a spousal support award in such a case. Barbará Degnan left the marriage with at least the same ■amount, if not more property than she brought in, less debt, and:-.some spousal support. I, therefore, concur in the result.

[¶ 25] LISA FAIR McEVERS